How to claim property that I paid for from my divorcing parents

[ERjunior]

This is a pretty unique situation. This is talking place in California. I want to claim the house from my parents since my mom is trying to sell it in their divorce case and I'm sure my dad can't buy out. I've been paying for their mortgage for 15 years. Either I get the property, or I get the profits to cover my payments, with interest. That's my goal. I heard there's a form I can file to involve myself in their divorce case to claim the property, but I can't find one for my county. It's suppose to be something called "Request to be in Case" or, "Petition for Claimant". I don't know, exactly, but I know I never say anything related to involving myself in the divorce case. I found a "Motion for Joinder" form, but it's for an additional parent, and I'm the son.

I could really use some help in finding out how to claim the house from them because they haven't paid at all for their mortgage, plus I've done most of the repair work. If not, I want profit to make up the payments I've made, plus interest. Any help is appreciated.

P.S.
The mortgage has been 4 years overdue on late payments because I've been having a rough time, and they still never paid for the late payments.

 

[I'mTheFather]

Did you live with your parents?

 

[Eekamouse]

If there haven't been payments made for the past four years, how have they avoided going into foreclosure?

 

[Silverplum]

This is a pretty unique situation. This is talking place in California. I want to claim the house from my parents since my mom is trying to sell it in their divorce case and I'm sure my dad can't buy out. I've been paying for their mortgage for 15 years. Either I get the property, or I get the profits to cover my payments, with interest. That's my goal. I heard there's a form I can file to involve myself in their divorce case to claim the property, but I can't find one for my county. It's suppose to be something called "Request to be in Case" or, "Petition for Claimant". I don't know, exactly, but I know I never say anything related to involving myself in the divorce case. I found a "Motion for Joinder" form, but it's for an additional parent, and I'm the son.

I could really use some help in finding out how to claim the house from them because they haven't paid at all for their mortgage, plus I've done most of the repair work. If not, I want profit to make up the payments I've made, plus interest. Any help is appreciated.

P.S.
The mortgage has been 4 years overdue on late payments because I've been having a rough time, and they still never paid for the late payments.

Do you have any written agreement with your parents? How is the home titled?

 

[ERjunior]

Do you have any written agreement with your parents? How is the home titled?

I called the mortgage company and apparently they've lost it. Same with my parents. I'm looking for it in their computer. I know they're in the title through the mortgage company and through the letter of the city about a garbage complaint. (was actually my mom's doing and the reason my dad is making the restraining order) I'm not sure they've saved the agreement, to be honest.

If there haven't been payments made for the past four years, how have they avoided going into foreclosure?

There's been payments, just the regular amount instead of the full amount to pay off the late fees. Been paying them little by little with no help. Also kept stalling the foreclosure due to law that we can't be evicted if we're still trying to pay. That's what the mortgage company told me.

Did you live with your parents?

Yes. Been in that house for more than 15 years, actually.

 

[Eekamouse]

What's your parents' position regarding the home? Do they feel you have nothing coming or are they agreeable towards you getting back all the money you paid into it? What do they want to see happen?

 

[ERjunior]

What's your parents' position regarding the home? Do they feel you have nothing coming or are they agreeable towards you getting back all the money you paid into it? What do they want to see happen?

I don't know about my mom, but my dad's more than willing to let me take full control of the house, and profits.

 

[Ohiogal]

This is a pretty unique situation. This is talking place in California. I want to claim the house from my parents since my mom is trying to sell it in their divorce case and I'm sure my dad can't buy out. I've been paying for their mortgage for 15 years. Either I get the property, or I get the profits to cover my payments, with interest. That's my goal. I heard there's a form I can file to involve myself in their divorce case to claim the property, but I can't find one for my county. It's suppose to be something called "Request to be in Case" or, "Petition for Claimant". I don't know, exactly, but I know I never say anything related to involving myself in the divorce case. I found a "Motion for Joinder" form, but it's for an additional parent, and I'm the son.

I could really use some help in finding out how to claim the house from them because they haven't paid at all for their mortgage, plus I've done most of the repair work. If not, I want profit to make up the payments I've made, plus interest. Any help is appreciated.

P.S.
The mortgage has been 4 years overdue on late payments because I've been having a rough time, and they still never paid for the late payments.

This is real easy -- Produce the WRITTEN CONTRACT that shows you are entitled to any of this. If you don't have a contract in writing showing you are entitled to ANY of the house -- signed by yourself and both parents -- you are entitled to NOTHING.

 

[Ohiogal]

I called the mortgage company and apparently they've lost it. Same with my parents. I'm looking for it in their computer. I know they're in the title through the mortgage company and through the letter of the city about a garbage complaint. (was actually my mom's doing and the reason my dad is making the restraining order) I'm not sure they've saved the agreement, to be honest.

Where are YOU on the deed? What about the mortgage? Do you have a contract stating you are entitled to ANYTHING to pay you back for your payments from the sale of the home?

There's been payments, just the regular amount instead of the full amount to pay off the late fees. Been paying them little by little with no help. Also kept stalling the foreclosure due to law that we can't be evicted if we're still trying to pay. That's what the mortgage company told me.


Yes. Been in that house for more than 15 years, actually.

Doesn't matter. Without a written contract between you and your parents, you are entitled to nothing. And even if you were entitled to something, the mortgage company gets theirs first.

 

[Zigner]

The OP has lived in the home and made payments in order to live there. In these parts, we call that rent.

 

[tranquility]

I agree with the others, I don't see any ownership rights transferring to a child living in his parent's house just because he pays the mortgage. I don't see any rights to repayment of the amount paid for the mortgage either. We can call it rent or we can call it a gift or we can call it compensation for household expenses, but, it does not make any difference. Without a writing regarding ownership or some agreement regarding a loan, the OP does not seem to have a case.

 

[ERjunior]

Thanks guys for your response. I'll see about there being a contract. With them going at it with each other I'll have to be a little careful asking for it. Hopefully before I move because it is not looking good in here, sad to say.

 

[latigo]

This is a pretty unique situation. This is talking place in California. I want to claim the house from my parents since my mom is trying to sell it in their divorce case and I'm sure my dad can't buy out. I've been paying for their mortgage for 15 years. Either I get the property, or I get the profits to cover my payments, with interest. That's my goal. I heard there's a form I can file to involve myself in their divorce case to claim the property, but I can't find one for my county. It's suppose to be something called "Request to be in Case" or, "Petition for Claimant". I don't know, exactly, but I know I never say anything related to involving myself in the divorce case. I found a "Motion for Joinder" form, but it's for an additional parent, and I'm the son.

I could really use some help in finding out how to claim the house from them because they haven't paid at all for their mortgage, plus I've done most of the repair work. If not, I want profit to make up the payments I've made, plus interest. Any help is appreciated.

P.S.
The mortgage has been 4 years overdue on late payments because I've been having a rough time, and they still never paid for the late payments.

If you wish to have your claim to the property adjudicated in the parent's divorce action, you would need to file a motion asking leave to file a complaint in intervention as prescribed by Rule 2.835(b) of the California Rules of Court.*

However, complying with "how to" procedural rules is not you biggest problem. That problem is substantive law and in this instance California's statutes of fraud; to-wit:

California Civil Code Section 1624 (a)

The following contracts are invalid, unless they, or some note or memorandum thereof, are in writing and subscribed by the party to be charged or by the party's agent:

(3) An agreement for the leasing for a longer period than one
year, or for the sale of real property, or of an interest therein;
such an agreement, if made by an agent of the party sought to be
charged, is invalid, unless the authority of the agent is in writing,
subscribed by the party sought to be charged.

_________________

I also have doubts as to whether or not such a motion to intervene would be granted, that is permitting you to file the complaint in intervention, unless your verified affidavit and motion alleged sufficient prima facie evidence to overcome the statute of frauds.

_______________


[*]Motion for leave to file complaint for intervention

A motion for leave to file a complaint for intervention in a case pending before a temporary judge requested by the parties must be filed with the court and served on all parties and the temporary judge. The motion must be heard by the trial court judge to whom the case is assigned or, if the case has not been assigned, by the presiding judge or his or her designee. If intervention is allowed, the case must be returned to the trial court docket unless all parties stipulate in the manner prescribed in rule 2.831(a) to proceed before the temporary judge.